Section 4-1321.02 - Mandatory reporters.(a) For the purposes of this section, the term "mandatory reporter" means any of the following:(1) An employee, agent, or contractor of the Child and Family Services Agency;(8) A licensed practical nurse;(9) An individual involved in the care and treatment of patients;(10) A law-enforcement officer;(11) A humane officer of any agency charged with the enforcement of animal cruelty laws;(15) An employee of the Department of Parks and Recreation;(16) A public housing resident manager;(17) A social services worker;(18) A day care worker; and(19) A mental health professional, as that term is defined in section 101 of the District of Columbia Mental Health Information Act of 1978, effective March 3, 1979 (D.C. Law 2-136; D.C. Official Code § 7-1201.01(11)) .(b)(1) Notwithstanding D.C. Official Code § 14-307, mandatory reporters shall, if they know or have reasonable cause to believe that a: (A) Child they know in their professional capacity for which they have been designated as a mandatory reporter has been or is in immediate danger of being abused, as that term is defined in section 102(1)(A) of the Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977 (D.C. Law 2-22; D.C. Official Code § 4-1301.02(1)(A)) , or is a neglected child, as that term is defined in section 102(15B) of the Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977 (D.C. Law 2-22; D.C. Official Code § 4-1301.02(15B)) , make a report to the Child and Family Services Agency or the Metropolitan Police Department as described in section 3; (B) Child ages 5 through 13 years of age they know in their professional capacity for which they have been designated as a mandatory reporter has 10 or more days of unexcused absences within a school year, as that term is defined in section 1 of Article I of An Act To provide for compulsory school attendance, for the taking of a school census in the District of Columbia, and for other purposes, approved February 4, 1925 (43 Stat. 806; D.C. Official Code § 38-201(4)) , make a report to the Child and Family Services Agency as described in section 3; (C) Child they know in their professional capacity for which they have been designated as a mandatory reporter has been, or is in immediate danger of being, the victim of sexual abuse or attempted sexual abuse prohibited by the Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; D.C. Official Code § 22-3001et seq.), or was assisted, supported, caused, encouraged, commanded, enabled, induced, facilitated, or permitted to become a prostitute, as that term is defined in section 2 of the Control of Prostitution and Sale of Controlled Substances in Public Places Criminal Control Act of 1981, effective December 10, 1981 (D.C. Law 4-57; D.C. Official Code § 22-2701.01(3)) , make a report to the Child and Family Services Agency or the Metropolitan Police Department as described in section 3; or(D) Child they know in their professional capacity for which they have been designated as a mandatory reporter has an injury caused by a bullet, knife, or other sharp object which has been caused by other than accidental means, make a report to the Child and Family Services Agency or the Metropolitan Police Department as described in section 3.(2) Notwithstanding any other law, mandatory reporters shall not be required to report when:(A) Employed or supervised by a lawyer who is providing representation in a criminal, civil, including family law, or delinquency matter, and the basis for the belief arises solely in the course of that representation; or(B) Employed or supervised by a lawyer with whom a prospective client is seeking representation in a criminal, civil, including family law, or delinquency matter, and the basis for the belief arises solely in the course of seeking that representation.(3) This section shall not apply to the following individuals while acting in their capacity as a counselor:(A) Domestic violence counselor, as that term is defined in D.C. Official Code § 14-310(a)(2); (B) Human trafficking counselor, as that term is defined in D.C. Official Code § 14-311(a)(2); or(C) Sexual assault counselor, as that term is defined in D.C. Official Code § 14-312(a)(2).(4) Whenever a mandatory reporter is required to report in their capacity as an employee, agent, or contractor of a hospital, school, social agency, or similar institution, the mandatory reporter shall also immediately notify the person in charge of the institution or their designated agent who shall subsequently make a report; except, that notifying the person in charge of the institution or their designated agent shall not relieve the mandatory reporter who was originally required to report from their duty under subsection (b) of this section.(c) In addition to the requirements of subsection (b) of this section, the following mandatory reporters shall make a report to the Child and Family Services Agency as described in section 3 if they have reasonable cause to believe that a child is abused as a result of inadequate care, control, or subsistence in the home environment due to exposure to drug-related activity: (1) Health professionals licensed pursuant to the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1201.01et seq.); and(2) Law enforcement officers and humane officers of any agency charged with the enforcement of animal cruelty laws, except an undercover officer whose identity or investigation might be jeopardized.(d) A health professional licensed pursuant to the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1201.01et seq.), who in their own professional capacity knows that a child under 12 months of age is diagnosed as having a Fetal Alcohol Spectrum Disorder, shall immediately report or have a report made to the Child and Family Services Agency. (e) A person who violates this section shall not be prosecuted under Title II-A of the Anti-Sexual Abuse Act of 1994, effective June 8, 2013 (D.C. Law 19-315; D.C. Official Code § 22-3020.51et seq.). (f) The Metropolitan Police Department shall immediately report or have a report made to the Child and Family Services Agency of any knowledge, information, or suspicion of a child engaging in or offering to engage in a sexual act, as that term is defined in section 101(8) of the Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; D.C. Official Code § 22-3001(8)) , or sexual contact, as that term is defined in section 101(9) of the Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; D.C. Official Code § 22-3001(9)) , in return for receiving anything of value. Amended by D.C. Law 24-341,§ 104, 69 DCR 014698, eff. 4/6/2023.Nov. 6, 1966, 80 Stat. 1354, Pub. L. 89-775, § 2; Sept. 23, 1977, D.C. Law 2-22, title I, § 103(c), 24 DCR 3341; Mar. 15, 1990, D.C. Law 8-87, § 2(a), 37 DCR 50; Mar. 2, 2007, D.C. Law 16-204, § 2, 53 DCR 9059; Apr. 24, 2007, D.C. Law 16-306, § 203(a), 53 DCR 8610; July 18, 2008, D.C. Law 17-198, § 3, 55 DCR 6283; Dec. 5, 2008, D.C. Law 17-281, § 102, 55 DCR 9186; Mar. 25, 2009, D.C. Law 17-353, §§ 173(a), 193, 240(b), 56 DCR 1117; Oct. 23, 2010, D.C. Law 18-239, § 202, 57 DCR 5405; Oct. 26, 2010, D.C. Law 18-242, § 2, 57 DCR 7555; July 13, 2012, D.C. Law 19-164, § 3, 59 DCR 6185; June 8, 2013, D.C. Law 19-315, § 2(a), 60 DCR 1702; Sept. 19, 2013, D.C. Law 20-17, § 302, 60 DCR 9839; May 7, 2015, D.C. Law 20-276, § 4, 62 DCR 479; May 10, 2019, D.C. Law 22-313, § 8, 66 DCR 1627.Applicability of D.C. Law 18-242: Section 4 of D.C. Law 18-242 provided:
"Sec. 4. Applicability.
"Section 2 shall apply as follows:
"(1) Subsection (a) shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.
"(2) Subsection (b) shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan."
Section 4 of D.C. Law 18-242 was repealed by D.C. Law 20-17, § 301.